Saturday, July 09, 2022

New Hampshire OHRV and Snomobile Carry Ban Repealed

 

HB 1636, removing the antiquated ban on carrying loaded pistols on Off Highway Recreational Vehicles (OHRV) and snowmobiles, has become law in New Hampshire. Governor Sununu signed the bill on Friday, 17 June, 2022.

House Bill 1636 is a simple stand alone bill which removes the current ban. From HB 1636:

1  Off Highway Recreational Vehicles; Loaded Firearms Prohibited.  Amend RSA 215-A:20 to read as follows:


215-A:20  Loaded Firearms Forbidden.  No person shall carry on an OHRV, or a trailer towed by same, any firearms unless said firearm is
unloaded.  This section shall not apply to law enforcement officers
carrying firearms in the course of duty or to pistols
or revolvers carried [under a permit issued pursuant to the authority of RSA 159] by any person who is not prohibited from possessing a firearm by a New Hampshire statute.

2  Snowmobiles; Loaded Firearms Forbidden.  Amend RSA 215-C:35 to read as follows:


215-C:35  Loaded Firearms Forbidden.  No person shall carry on a
snowmobile, or a trailer towed by same, any firearms unless said firearm is unloaded.  This section shall not apply to law enforcement officers carrying firearms in the course of duty or to pistols
or revolvers carried [under a permit issued pursuant to the authority of RSA 159] by any person who is not prohibited from possessing a firearm by a New Hampshire statute.

3  Effective Date.  This act shall take effect upon its passage.

HR 1636 is the last in a six year quest to remove the New Hampshire antiquated firearms ban.  Constitutional Carry passed in New Hampshire in 2017. Due to an oversight in the wording of the Constitutional Carry bill, the ban on carrying loaded handguns on snowmobiles and off highway recreational vehicles was not removed from state law. There have been several attempts to remove the ban. In 2021, Governor Sununu vetoed one such bill, but said he would sign a bill if it did not contain other provisions. From the Governor's office in 2021:

I support the provisions in this bill that would apply our constitutional right to carry a firearm to OHRVs and snowmobiles, and hope to sign such a bill next year. It is unfortunate that the legislature chose to tack on unrelated legislation that will cause those provisions to not move forward.

In 2022 the bill passed the House on March 10, 204 to 134 and the Senate, on a voice vote, on April 28.

HB 1636 was sitting in the President of the Senate, Senator Morse' office for over six weeks.

New Hampshire Representative John Burt has been working to remove the OHRV and Snowmobile carry ban for six years. John was generous with his time to talk to this correspondent.

On June 13, Representative Burt explained that the bill, under New Hampshire procedures, has to be sent to the governor, but the President of the Senate is able to decide when it is sent. This correspondent contacted Senator Morse' office. Staff there said the bill had been recently sent to the Secretary of State. The Secretary of State will send the bill to Governor Sununu.  The procedure usually takes a few days, seldom as long as a week.

The bill became law immediately upon signature on 17 June, 2022.

Off the Highway Recreational Vehicles and snowmobiles were the last vehicles in the state where a carry permit was required to carry a loaded handgun.

The infringement on Second Amendment rights been removed.

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.


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